Jury Report François Prize 2024

It is with immense pleasure that we present to you our jury report for the 2024 François Prize, awarded by the Royal Netherlands Society of International Law (Koninklijke Nederlandse Vereniging voor Internationaal Recht, KNVIR). The François Prize, established to inspire and promote excellence in the study of public and private international law at universities across the Netherlands, is awarded every two years to recognize the best master’s thesis in these fields.

This year, we had the privilege of reviewing a noteworthy set of submissions, which were anonymized to ensure fairness. Each thesis was carefully evaluated on originality and the relevance of the topic, the systematic and logical presentation of ideas, the strength of legal analysis and conclusions, as well as style. It was truly inspiring to see the high level of scholarship represented in this edition’s entries. That being said, we did notice that the conclusions were generally on the brief side. We strongly encourage the next generation of students to dive into this final section. It is your chance to leave a lasting impression and drive your key points home, as it is often the part readers pay the most attention to. Additionally, we saw a strong focus on English-language literature across all the theses we reviewed. Expanding into more diverse sources could add depth and breadth to future research. One final critical note: we only received a single thesis on private international law. There is room to explore this fascinating field further – hopefully, we will see more work in this area submitted for the prize in the future.

This year’s jury is chaired by Prof. mr. dr. G.R. de Groot, professor emeritus of comparative law and private international law at Maastricht University. He is joined by Dr. I. Boerefijn, coordinating policy advisor at the Netherlands Institute for Human Rights, and Dr. O. Spijkers, assistant professor of international and EU law at Leiden University College. Together, we are honoured to have been part of this important process and to shine a spotlight on some of the future leaders of international law. More details about the Prize and its criteria can be found in the Byelaws, available on the KNVIR website.

Honourable mention

First of all, we are thrilled to give an honourable mention to the outstanding thesis entitled ‘Perspectives on Advancing Protection for LGBTIQ+ Prisoners of War’, written by Cornelis de Boer at Groningen University. Supervised by Audrey Fino, with Kilian Roithmaier as co-reader, this work was submitted on 28 June 2023 and tackles an incredibly important and timely topic.

The thesis asks to what extent prisoners of war who are lesbian, gay, bisexual, transgender, intersex, queer persons, or persons of another gender or sexual orientation (LGBTIQ+), are protected against inhumane or degrading treatment, threats of violence, and discrimination based on their sexual orientation, gender identity, gender expression or sex characteristics.

With meticulous research and a keen eye for detail, the thesis first examines how current humanitarian law safeguards – or falls short of safeguarding – LGBTIQ+ prisoners of war from such harms. The next step is an in-depth exploration of how human rights law protects LGBTIQ+ individuals from such treatment and discrimination, setting the stage for the all-important question: how can human rights law strengthen humanitarian law to better protect LGBTIQ+ prisoners of war? Through this multi-faceted approach, the thesis draws a vital connection between the two fields of law.

The findings are striking. While humanitarian law currently lacks explicit protections for LGBTIQ+ prisoners of war, Cornelis argues that a broader interpretation of existing provisions of humanitarian law can and should be used to protect them. At the same time, human rights law has made significant strides in recognizing the rights and protections of LGBTIQ+ individuals. By integrating these two bodies of law, Cornelis demonstrates how the protection of LGBTIQ+ prisoners of war can be significantly strengthened.

The thesis also proposes bold solutions for the future. From signing political declarations to amending the Geneva Conventions or even drafting a new convention specifically addressing sexual and gender minorities, the thesis charts a path forward to ensure the rights of LGBTIQ+ prisoners of war are no longer overlooked.

This is a remarkable and forward-thinking piece of research, pushing the boundaries of humanitarian and human rights law and advancing the conversation around the protection of vulnerable groups in conflict situations. Bravo!

The Winner

The François Prize 2024 goes to ‘Covering the Expenses of Rebel Administration: Are Rebels Taxing or Pillaging Towns?’, written by Lautaro Melcón and supervised by Katharine Fortin at Utrecht University. Submitted on 29 June 2023, this thesis delves into a fascinating and complex issue: the fine line between rebel taxation and pillage.

Did you know that about one third of the armed groups have collected taxes from populations under their control? This intriguing fact raises an important question: How does international law manage this practice when the collected taxes are used to fund rebel governance? While it might seem easy to label it as mere theft, Lautaro’s research takes us beyond this simplistic view. He boldly asks: ‘To what extent is the collection of taxes by non-state armed groups for funding rebel governance permitted, considering the prohibition of pillage?’

The thesis identifies an important lacuna in international law. While the law of occupation permits an Occupying Power to collect taxes, the legal situation surrounding armed groups is far less clear. Lautaro’s research skilfully navigates the grey areas of international humanitarian law, focusing on the regulation of property appropriations and the prohibition of pillage.

Building on studies of international criminal law and international humanitarian law, Lautaro’s thesis takes us deeper into uncharted territory, as he highlights that while eminent scholars have raised the question of whether armed groups can collect taxes without pillaging, fewer have ventured to answer it. His thesis fills this crucial gap by investigating how rebel governance, taxation, and the prohibition of pillage intersect in legal frameworks.

Structured across three meticulously researched chapters, the thesis first examines the concept of rebel governance, and the critical role taxation plays in it. Then, Lautaro explores the legal framework regulating property appropriation during armed conflicts, digging into international humanitarian law, especially the Hague Regulations, and the Geneva Conventions. The last chapter offers an in-depth analysis of whether rebel taxation to fund governance meets the criteria for pillage, concluding that taxation for public purposes does not constitute pillage.

Lautaro thus concludes that rebel taxation – being inherently tied to public governance rather than personal enrichment – falls outside the realm of pillage. This remarkable finding challenges existing perceptions, recognizing that rebel governance often seeks to establish order for civilians in areas under their control.

By dissecting the crime of pillage in the context of rebel taxation, Lautaro’s thesis opens up exciting new avenues for further research. Why, for instance, does humanitarian law regulate taxation by an Occupying Power but not by an armed group? Could civilians’ participation in rebel governance be considered a form of consent, excluding taxation from being classified as pillage?

The jury recognizes that the thesis tackles a compelling and timely issue, presenting it in a highly engaging manner. However, the thesis is not without its imperfections. We found the conclusion to be somewhat brief and concise, and noted the use of various acronyms, some of which were not fully explained. Additionally, as was the case with most theses submitted, there is a predominant focus on English-language literature.

Having said that, this thesis is not just a groundbreaking study—it is a bold, thought-provoking exploration that sheds new light on a critical issue in international law!

As members of the jury, we extend our heartfelt congratulations to both students on this well-deserved recognition. We have no doubt that their future careers will be marked by success and distinction, and we wish them every success as they continue to shine in their respective fields.

The Hague, November 2024

The Jury

G.R. de Groot
Chairperson of the Jury

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